[atlas:bill]

AN ACT Relating to increasing oversight of the management of fish and wildlife resources; amending RCW 77.85.005, 77.04.055, and 77.04.080; creating a new section; decodifying RCW 77.85.150; and repealing RCW 77.85.030.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:

NEW SECTION. Sec. 1. The legislature finds that the primary purpose of the salmon recovery office was the development of the statewide salmon recovery strategy for submittal to the appropriate federal agencies. The legislature further finds that since the development and submittal of this strategy has been accomplished, the remaining tasks of the salmon recovery office can be accomplished through existing state agencies. The legislature believes that by relying upon existing state agencies to accomplish salmon recovery, there will be less duplication of effort within the executive branch and a corresponding savings of resources.

The legislature also finds that the fish and wildlife commission is completely dependent upon the department of fish and wildlife for staff support. This dependence upon the department for staffing hampers the commission's ability to independently oversee activities of the department, as well as to meet its other statutory responsibilities. The lack of independent staff also impacts how the general public perceives the effectiveness of the commission. Therefore, it is the intent of the legislature to direct some of the savings realized from the repeal of the salmon recovery office towards the fish and wildlife commission in order to provide them with independent staff support.

Finally, the legislature recognizes that the general public holds the governor, as the highest elected official in the state, accountable for decisions that affect fish and wildlife resources. The governor, however, does not have the authority to hire and fire the director of the department of fish and wildlife. The legislature believes that the governor should have this authority to choose the director of the department because of the importance that decisions made by the director have upon fish and wildlife resources and upon communities.

Sec. 2. RCW 77.85.005 and 1999 sp.s. c 13 s 1 are each amended to read as follows:

The legislature finds that repeated attempts to improve salmonid fish runs throughout the state of Washington have failed to avert listings of salmon and steelhead runs as threatened or endangered under the federal endangered species act (16 U.S.C. Sec. 1531 et seq.). These listings threaten the sport, commercial, and tribal fishing industries as well as the economic well-being and vitality of vast areas of the state. It is the intent of the legislature to begin activities required for the recovery of salmon stocks as soon as possible, although the legislature understands that successful recovery efforts may not be realized for many years because of the life cycle of salmon and the complex array of natural and human-caused problems they face.

The legislature finds that it is in the interest of the citizens of the state of Washington for the state to retain primary responsibility for managing the natural resources of the state, rather than abdicate those responsibilities to the federal government, and that the state may best accomplish this objective by integrating local and regional recovery activities into a statewide plan that can make the most effective use of provisions of federal laws allowing for a state lead in salmon recovery. The legislature also finds that a statewide salmon recovery plan must be developed and implemented through an active public involvement process in order to ensure public participation in, and support for, salmon recovery. The legislature also finds that there is a substantial link between the provisions of the federal endangered species act and the federal clean water act (33 U.S.C. Sec. 1251 et seq.). The legislature further finds that habitat restoration is a vital component of salmon recovery efforts. Therefore, it is the intent of the legislature to specifically address salmon habitat restoration in a coordinated manner and to develop a structure that allows for the coordinated delivery of federal, state, and local assistance to communities for habitat projects that will assist in the recovery and enhancement of salmon stocks.

The legislature also finds that credible scientific review and oversight is essential for any salmon recovery effort to be successful.

The legislature further finds that it is important to monitor the overall health of the salmon resource to determine if recovery efforts are providing expected returns. It is important to monitor salmon habitat projects and salmon recovery activities to determine their effectiveness in order to secure federal acceptance of the state's approach to salmon recovery. Adaptive management cannot exist without monitoring. For these reasons, the legislature believes that a coordinated and integrated monitoring process should be developed.

The legislature therefore finds that a coordinated framework for responding to the salmon crisis is needed immediately. To that end, ((~~the salmon recovery office should be created within the governor's office to provide overall coordination of the state's response;~~)) an independent science panel is needed to provide scientific review and oversight; a coordinated state funding process should be established through a salmon recovery funding board; the appropriate local or tribal government should provide local leadership in identifying and sequencing habitat projects to be funded by state agencies; habitat projects should be implemented without delay; and a strong locally based effort to restore salmon habitat should be established by providing a framework to allow citizen volunteers to work effectively.

Sec. 3. RCW 77.04.055 and 2000 c 107 s 204 are each amended to read as follows:

(1) In establishing policies to preserve, protect, and perpetuate wildlife, fish, and wildlife and fish habitat, the commission shall meet annually with the governor to:

(a) Review and prescribe basic goals and objectives related to those policies; and

(b) Review the performance of the department in implementing fish and wildlife policies.

The commission shall maximize fishing, hunting, and outdoor recreational opportunities compatible with healthy and diverse fish and wildlife populations.

(2) The commission shall establish hunting, trapping, and fishing seasons and prescribe the time, place, manner, and methods that may be used to harvest or enjoy game fish and wildlife.

(3) The commission shall establish provisions regulating food fish and shellfish as provided in RCW 77.12.047.

(4) The commission shall have final approval authority for tribal, interstate, international, and any other department agreements relating to fish and wildlife.

(5) The commission shall adopt rules to implement the state's fish and wildlife laws.

(6) The commission shall ((~~have final approval authority for~~)) provide the department with its input regarding the department's budget proposals.

(7) The commission shall select its own staff ((~~and shall appoint the director of the department. The director and commission staff shall~~)) who serve at the pleasure of the commission.

Sec. 4. RCW 77.04.080 and 2000 c 107 s 205 are each amended to read as follows:

Persons eligible for appointment as director shall have practical knowledge of the habits and distribution of fish and wildlife. The director shall supervise the administration and operation of the department and perform the duties prescribed by law and delegated by the commission. The director shall carry out the basic goals and objectives prescribed under RCW 77.04.055. The director may appoint and employ necessary personnel. The director may delegate, in writing, to department personnel the duties and powers necessary for efficient operation and administration of the department.

Only persons having general knowledge of the fisheries and wildlife resources and of the commercial and recreational fishing industry in this state are eligible for appointment as director. The director shall not have a financial interest in the fishing industry or a directly related industry. The director is appointed by the governor. The director shall receive the salary fixed by the governor under RCW 43.03.040.

The director is the ex officio secretary of the commission and shall attend its meetings and keep a record of its business.

NEW SECTION. Sec. 5. RCW 77.85.150 (Statewide salmon recovery strategy--Prospective application) is decodified.

NEW SECTION. Sec. 6. RCW 77.85.030 (Governor's salmon recovery office--Creation--Purpose) and 2000 c 107 s 93, 1999 sp.s. c 13 s 8, & 1998 c 246 s 5 are each repealed.